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Bombay High CourtWP/4272/2021disposed off

Ankush Nanasaheb Shendre v. The State Of Maharashtra And Others

2021-04-30Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

931-wp-4272-21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4272 OF 2021 Ankush Nanasaheb Shendre ... Petitioner.

Versus

The State of Maharashtra and others ... Respondents.

....

Mr. S.S. Tope, Advocate for the Petitioner.

Mr. A.R. Kale, A.G.P. for Respondents / State. ....

CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 30th APRIL, 2021 PER COURT:- 1.

As far as imposition of penalty is concerned, the petitioner may file an appeal before the appropriate authority. Mr. Tope, learned counsel for the petitioner submits that the police authority has seized the vehicle without lodging the F.I.R.

2.

Learned A.G.P. accedes to the contention that F.I.R. has not been lodged and police authority has seized the vehicle. 3.

In the light of that, we pass the following order

931-wp-4272-21 4.

The petitioner shall deposit an amount of Rs.40,000/- with the authority. The said deposit shall be without prejudice to the rights and contentions of the parties and subject to the decision that would be taken taken in the appeal that may may be filed by the petitioner against the imposition of the penalty.

5.

The respondents shall release the vehicle of the petitioner after confirmation of the ownership and verification of the documents. The respondents may get bond executed from the petitioner to their satisfaction.

6.

If the appeal is not filed within a period of one (01) month, the respondents would be entitled to recovery the entire amount. 7.

The writ petition is disposed of. No costs.

( SHRIKANT D. KULKARNI ) ( S.V. GANGAPURWALA ) JUDGE JUDGE S.P. Rane